Apple Planning to Sue Bankrupt Kodak for Patent Infringement

Apple on Tuesday asked the U.S. Bankruptcy Court in New York for permission to sue Eastman Kodak Co. over printer, digital camera and digital picture frame patents. Apple clearly isn’t sympathetic to Kodak’s bankruptcy woes. The filing revealed the Cupertino-based company intends to bring the suit before the International Trade Commission and U.S. District Court in Manhattan.

In Apple’s filing, the company argues bankruptcy law doesn’t prevent infringement suits against companies in Kodak’s position. Asking a judge for permission is merely out of caution, an Apple lawyer said.

The iPad and iPhone maker claims Kodak sought to patent digital camera technology in the early 1990s that Apple had shared with Rochester-based company. Kodak denies any wrongdoing.

Kodak previously brought Apple to court earlier this year over patent infringement, but Apple has since objected, saying Kodak plans to sell its patents and digital camera business because of bankruptcy. Kodak, of course, disagrees, responding that “bankruptcy doesn’t alter the fact that the company has invested in digital imaging technology and continues to seek licenses for its inventions,” Bloomberg wrote.

If Apple is successful in its suit, it could be a gigantic blow for Kodak because the photo company previously said it will focus solely on printers and picture frames while killing off its camera business. If the company can no longer focus on its corse business, well, Kodak may disappear altogether before our very eyes.